$12M Birth Injury Award Sets County Record

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October 4th, 2007

"Birth Injury Caused Child's Disability"

A $12 million verdict was handed down Tuesday in a medical malpractice case involving a 7-year-old boy who became disabled as a result of injury at birth. The award is the largest on record in DuPage County, Illinois.

Benjamin Hayes made an appearance at the seven-day trial so the jury could observe his physical limitations. For the rest of his life, Benjamin will be confined to a wheelchair. He has no control over his limbs and requires a feeding tube.

“The story of Benjamin Hayes is a tragic one and one that the jury understood. He deserved a better life than that,” said Keith Hebeisen, attorney for Benjamin’s parents, Aaron and Michelle Hayes.

The Lawsuit

According to the lawsuit, Benjamin’s disability was caused by an “unnecessary” delay prior to an unplanned Caesarean section. Hebeisen argued that there was a 45-minute delay during which time Benjamin was deprived of an adequate supply of oxygen.

The suit named St. Charles family practitioner Dr. Steven Ambrust as responsible for the delay. The family settled their claim against Central DuPage Hospital out of court.

Hebeisen said the majority of the award—$10.5 million—would go toward Benjamin’s medical care.

(Source: Chicago Tribune online)

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